We are the voice of the voiceless...
The Economic and Financial Crimes Commission (EFCC), yesterday, told a Federal High Court in Abuja that Sani Lulu and three others involved in an offence under the Nigerian law and not under the FIFA law For allegedly defrauding the federal government to the tune of over N1.3 billion naira and $2 million, and as such, should be tried.
The EFCC stated this in a counter motion challenging an application brought before the court by Lulu and three others, Amanze Uchegbulam, Bolaji Ojo-Oba, and Taiwo Ogunjobi, all former officials of the Nigeria Football Federation, NFF, seeking to quash charges of alleged corruption preferred against them by the commission.
At the resumed hearing of the matter on Thursday, the accused persons through their counsel, Sunday Ameh and Akin Olujinmi, challenged the jurisdiction of the court to entertain the charges, saying that it is only FIFA that has jurisdiction to prosecute them.
They accordingly prayed the court to quash the charges on the ground that the regulating body of NFF is FIFA and that the federal government has no right to legislate over football related matters under the constitution.
Specifically, the defence said the charges levelled against the men bothered on the breach of Criminal Act, EFCC Act, and Public Procurement Act. Noting that since NFF is not being regulated by such Acts, it could not be binding on the accused persons and as such the accused could not have breached the provisions of such law.
But counsel to the EFCC, Titus Ashaolu, opposed the application with a 22- paragraph counter-affidavit praying the court to discountenance the applications of all the defence counsels on a lack of merit. Sressing that in as much FIFA law is not domesticated in Nigeria, the accused will have to be prosecuted under the law of the land.
"Coming to this court and saying they cannot be tried by Nigerian laws, except FIFA, is an aberration," he said.
Mr. Ashaolu further argued that the approval for funds by the NFF officials were in itself an offence, "as there is a limit to which they can appropriate funds, as clearly indicated in the Procurement Act for contract approval."
Defrauding the government
He submitted that the applications by the accused persons are meant to delay trial, and urged the court to discountenance the applications in their entirety and allow the trial to commence.
The prosecution counsel also faulted the argument canvassed by the accused persons to the effect that the EFCC did not seek and get the prosecutorial consent of the Attorney General of the Federation before commencing trial.
He said the EFCC did not need a fresh consent of the AGF to prosecute the case, as the EFCC has all the powers and right conferred on it by the Establishment Act to prosecute all economic and financial crimes.
Messrs Lulu, Uchegbulam, Ojo-Oba, and Ogunjobi were arrested by EFCC on June 7, 2010 but granted administrative bail. They were, however, re-arrested by the Commission's operatives on Monday September 6, 2010 and arraigned on September 7, 2010.
The former NFF officials are standing trial before Donatus Okorowa on a seven-count charge bordering on corruptly using their offices to confer unfair advantage on themselves, defrauding the federal government to the tune of over N1.3 billion naira and $2 million, and also unlawfully issuing 1,263 tickets as complementary offers to friends, associates, political support groups, and family relations.
The accused persons were also alleged to have booked the Hampshire Hotel, South Africa, being a cheap, substandard, unbefitting and an unlisted hotel among the approved list of hotels by the Federation of International Football Association, FIFA, for lodging by participating teams and caused the Federal Government to pay a fine to the tune of $125,000 for a breach of contract.
Mr. Okorowa, having listened to arguments canvassed by counsels, adjourned the case to February 16, 2011, for ruling.
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